The Legal Research On Collective Construction Land

As a natural resource, the land is not only is a matter of survival foundation， also has animportant economic and social security functions. In recent years with the deepening andadvance of industrialization and urbanization in China, the existing state-owned constructionland is difficult to meet the requirement of economic and social development. At the sametime, due to inadequate legislation and land management mode of urban-rural dualisticreasons，such as in the circulation of rural collective-owned construction land to humancontradictions have become increasingly prominent. The legal system which includingplanning, approval process and registration can not only makes it effectively use the existingcollective construction land in order to promoting the construction of new socialistcountryside, but also relieves urban and rural land-use contradictions effectively. countryside,but also relieves urban and rural land-use contradictions effectively. Therefore，this article isto promote the effective management of the collective construction land and managementaccording to law as a starting point，with the help of law, economics, and other theoretical inthis essay，by uesing comparative literature analysis method to take up legal research ofmanagement of collective construction land in china，specific study content is as follows:This article based on the land property rights theory，the theory of institutional change aswell as the right to equality of theoretical basis for research. Introduce the basic concept likecollective construction land，collective construction land use rights，and other basic concepts.We agree with viewpoint that some scholars think rural homestead-land-use-right is a specialtype of right blogs to collective construction land use rights, with this as a standard fordiscussion. Then，we introduced the history of land property rights system and legalmanagement evolution. We suggest that legal system of collective construction land changeshall be a progressive change，which is a kind change from folk spontaneous change to thekind that government initiative to do with.Third，in the analysis of collective-owned construction land use and management inChina thinks，there is a lack of planning in the management of collective construction land，tight，land tenure system does not register contents are incomplete，idle problems such as lackof effective use of collective-owned construction land. Summarized the deficiency of our collective construction land management and analyze its causes，includeing inadequateplanning， looseness of land-use rights acquire mechanism，land registration information isnot complete，lack of effective use idle collective construction land，etc. Investigate itsreasons，the main reason is undeveloped education legislation of collective land，and lack ofeffective restriction supervision mechanism between collective and its members， thecountryside organization management is weak, the town planning is skimpy. At last，witheconomical and intensive land use control principle as the basic guiding principles，thesolution to the problem of the premise is to clear the collective ownership，above thisfoundation，with the help of the scientific and reasonable land use planning system，consolidated urban and rural collective construction land use conversion market， andpromulgate《Collective land house dismantlement and compensation ordinance》 and otheraspects, constructing perfect law system of collective construction land use，in order topromote our country’s collective construction land of effective management.